[mikkiyoshi]

Hi,

My lawyer has just submitted the PERM case for Green Card application. This year my company has planned for many shutdown, which we are eligible to apply for California Unemployment Insuran Benefit.

I am currently holding L1 Visa, if I apply for unemployment benefit, will it affect my Green Case progress?

I heard from a few colleagues, that it will affect te NIV status. Please advise. Thanks.

[DCcityboy]

You have more serious immigration problems. If you are eligible for unemployment, you are unemployed. Your L-1 visa status is employer-specific and if you are not employed as an L, you are effectively out of status.

If the company has fired you, the permanent residence could, theoretically, continue, but it is unlikely. More practically, if there have been layoffs or the business has been downsized, the USCIS service center adjudicating the case is likely to issue an RFE for "ability to pay". This is a requirement of the petitioner for the entire period from the start of the PERM filing at DOL to the AOS approval.

You should see an independent immigration attorney, a certified specialist to review your case. not the company's attorney as they represent the company primarily under the legal concept of dual representation.

I trust this is responsive to your inquiry. Good luck.